LEVY: Integrity complaints tossed out
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New city integrity commish Jonathan Batty has tossed out a series of complaints about the four councillors who tweeted about a Feb. 7 incident on the 501 Streetcar based on a 12-second video, the Toronto Sun has learned.
In the series of Feb. 21 letters, Batty says the four councillors — Josh Matlow, Brad Bradford, Mike Layton and Kristyn Wong-Tam — did not violate Council’s Code of Conduct when they called out the two TTC special constables for resorting to “use of force” and “unacceptable violence.”
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The integrity complaints came in the wake of comments on the 12-second video, even though it was just one small part of a four-minute incident between two TTC special constables and an unruly passenger.
The video was posted to Twitter by an anonymous tweeter along with a series of comments.
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The passenger, Steven Thackerberry, 34, has been charged with two counts of assaulting peace officers, two counts of uttering death threats and one count of failing to leave (the streetcar as directed.)
His case is before the courts.
Batty says in letters to a member of CUPE 5089, which represents transit enforcement officers and special constables, that councillors are entitled to “fair comment” on public policy issues and that the issue of fare evasion on the TTC is a topic of “current public debate in Toronto.”
He adds that the tweets by the councillors do not use “inappropriate or harassing language” but speak to the belief that legitimate training issues may need to be addressed.
Batty concludes that the tweets didn’t rise to the level of being “demeaning, insulting, humiliating or mocking” to (the TTC) staff.”
Asked how he could say that words like “unacceptable violence” could not be considered humiliating, Batty responded that the tweets at issue “fall within the realm of fair comment permitted to elected representatives.”
David Cooper, president of CUPE 5089, said he knew the complaints were a long shot but members felt their concerns were legitimate.
“Politicians, they can pander to whomever will give them the attention,” he said.
“It’s essentially clickbait for them… it gets their name in the paper and they look like they are standing up for the little guy when they actually aren’t.”
Meanwhile, Cooper says the union has heard nothing since the TTC hired the pricey Rubin Thomlinson law firm on Feb. 14 to investigate the altercation.
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TTC spokesman Stuart Green said last week that the review is “underway” with the exact cost “to be determined.
“Our direction is that this work be done quickly but thoroughly,” he said.
Rubin-Thomlinson is the same firm that spent two years investigating HR practices at Toronto Community Corporation (TCHC.)
Their 200-page report — which cost $250,000– was finally delivered to TCHC officials at the end of August and subsequently condensed to 37 pages for public consumption.
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